Monday, January 27, 2014

Mary Wagner is appealing to the public
for donations to her legal battle in defence of unborn children.

The present law, section 223 of the Criminal Code of Canada states: “A
child becomes a human being…when it has completely proceeded, in a living
state, from the body of its mother…”

It has been 24 years since the personhood
and right to life of unborn children have been before the Supreme Court of
Canada in the constitutional challenge of Borowski v. Canada (1989).

Unborn children, who for over 44 years
have not had protection in Canadian law, are once again to be the focus in a
very important legal battle for their protection.

Mary came to Toronto from British
Columbia in 2010 to be in solidarity with Canadian Pro-Life heroine Linda
Gibbons. Linda has sacrificed 10.5
years of her life in prison since September of 1994 and Mary has given now
2.8 years of prison life since March of 2010; both for the defence of the
unborn children.

Linda and Mary are recipients of the 2012
Queen’s Diamond Jubilee Medal, nominated by M.P. Maurice Vellacott. In
paraphrase, he credits them for their faithful and undying battle for justice
for pre-born children.

On Aug. 15, 2012, Mary was charged with
mischief: interference with lawful enjoyment/operation of a business, and
breach of a court order, as a result of her peaceful outreach to pregnant
mothers who, with their children were threatened by abortion at a Toronto
abortion facility.

One of Mary’s several defences will argue
section 37 of the Criminal Code of Canada
that states: "Every one is justified in using force to defend himself or
any one under his protection from assault…” Mary's argument will contend that
"any one" includes unborn children and that, by her presence and
outreach, she peacefully acted in self-defence of those children. Section 37
has recently been repealed for the sake of revision to “create one new
self-defence provision” (http://www.
justice.gc.ca/2012/doc_32762.html). However,
since Section 37 was in force at the time of Mary’s arrest, Dr. Charles I.
Lugosi, her defence counsel, states that “she is entitled to rely on the
self-defence of others. Mary contends
that "others" includes all human beings, including those not
born. If the court agrees with her, then
the next decision is whether section 223 of the Criminal Code is constitutional, because it excludes from the
definition of human being any human being (child) that is not yet born alive.”

My client Mary
Wagner directly challenges the foundation of the laws in Canada that permit the
legal killing of innocent unborn human beings. Mary asserts that she has the
constitutional and legal right to try to speak with pregnant women at abortion
clinics, to let them know about practical charitable help that might change
their decision to have an abortion...

Mary is
compelled by her conscience to disobey her probation order, because the law
permits the self-defense of other human beings. Mary uses roses, conversation,
and literature in a peaceful non-violent and respectful manner to try to stop
an imminent fatal assault upon unborn human beings by placing fetuses who are
about to die under her protection…

To establish her
defense, Mary must prove that an unborn human being is a human being, that she
is entitled to place that human being under her protection…and that an abortion
is a violent act that constitutes an assault causing fatal injuries upon a
living human being that is in need of protection. The prosecutor refuses to
admit that a fetus of any age is an unborn human being.

Mary needs
medical doctors and professors of medicine to prove that a living fetus in a
pregnant woman is a human being in an unborn state.

Mary Wagner
resists any attempt by Parliament to decide when a biological human being is
not a legal human being. Science teaches
us that a new human being comes into existence at the moment of conception and
this new living body is in a state of constant change over time until
death. Mary’s goal is to persuade the
trial judge that fetuses are human beings in an unborn state, and that the
legal definition of human being in the Criminal
Code of Canada is unconstitutional.

Mary, a Catholic, is mindful of Jesus’ words
in Mt. 25:40: “I tell you solemnly, in so far as you did this to one of the
least of these brothers of mine, you did it to me.” Church teachings confirm
Mary’s convictions. The Catechism of the
Catholic Church (digital edition, 2011) section 2270 states: “From the first
moment of his existence, a human being must be recognized as having the rights
of a person – among which is the inviolable right of every innocent being to
life.” Section 2242 states: “The citizen is obliged in conscience not to follow
the directives of civil authorities when they are contrary to the demands of
the moral order, to the fundamental rights of persons or the teachings of the
Gospel. Refusing obedience to civil authorities, when their demands are
contrary to those of an upright conscience, finds its justification in the
distinction between serving God and serving the political community”..."We
must obey God rather than men" (Acts 5:29).

On behalf of Mary, Dr. Lugosi applied to
the Superior Court on April 16, 2013, for big case management and
constitutional test case status. As well, an application was made to the trial
judge for direct funding by the Attorney General. All were denied.

Our unborn brothers and sisters need our
help. The only available option, in order to pursue this very worthwhile
constitutional challenge, is to directly appeal to the general public for
donations to support Mary’s defence, which will involve hundreds of hours of
legal work and the defence could be very expensive and may cost several hundred
thousand dollars, especially if appeals are made and the case goes to the
Supreme Court of Canada. It is hoped that people of all faiths and people of
good will, will support the legal battle to bring before the courts the humanity
of the child in the womb.

Mary’s case is our case. This is not just
her battle, it is ours too! It is hoped
that people of all faiths and people of good will, will support this legal
battle to bring before the courts the humanity of the child in the womb. If you are able, please support this case
according to your means. “Each and every
contribution is valued, whether large or small” (Dr. Lugosi).

“Above all, please pray for the success of
this case in defence of the unborn and for the healing of suffering post-abortive
mothers and all women considering abortion” (Mary).

Trial dates have been set for 10 a.m. in
the Ontario Court of Justice at 1000 Finch Ave. West at Dufferin Street,
Toronto on Dec. 6, 11 and 12 to determine the merits and facts of the case; in
2014 on February 4 (2:15 pm) to argue
for “standing” on Mary’s constitutional challenge; if standing is granted, March
18, 19, 20, 26, and 27 to hear medical and scientific experts testify on the
humanity of the unborn child; and on May 13-16, the trial concludes. Dates may
be subject to change.

Donations can be made payable to: Mary
Wagner Legal Defence Fund in any Bank of Montreal in Canada,

For information about Mary Wagner, Linda
Gibbons, Joe Borowski, go to www.lifesitenews.com and other World Wide Web sources
through your search engine. Presently, since Aug. 2012, Mary is at Vanier
Centre for Women prison in Milton, Ontario. Linda was released from Vanier on
Sept. 29, 2013 and is making every effort to support Mary.

Please pass this letter on to those you
know.

Most Sincerely, John S. Bulsza, Co-trustee of the Mary
Wagner Legal Defence Fund

2 comments:

MARY I LOVE YOU GIRL ...STAY STRONG AND I HOPE UNIT 2 HAS ITS REGULAR 3:15 PRAYER GATHERINGS....I PRAY FRO YOU EVERYDAY ...THANK YOU FOR BRINGING THE LIGHT OF JESUS CHRIST AND LORD OUR FATHER BACK VISIBLY INTO MY LIFE AND EVERY CHOICE I MAKE. MARY YOU ARE TRUELY AN ANGEL DENT FROM UP ABOVE AND I CAN ONLY SAY THAT I WAS BLESSED TO HAVE SPENT TIME WITH YOU- EVEN UNDER THE CIRCUMSTANCES WE WERE IN. LOVE YOU GIRL SOOOOOOO MUCH , HOLD THE FORT DOWN AND IF YOU NEED ANYTHING DO NOT HESITATE TO ASK AS I HAVE YOUR BACK AND IM PRETTY SURE AN ARMY FOLLOWS. GOD BLESS YOUR MISSION LUV M.SZABO